Davis lawyers ask judge to award fees in redistricting case

AUSTIN - Lawyers who helped Sen. Wendy Davis beat back Republican-led efforts to retool her Tarrant County district urged a federal court Monday to award them hundreds of thousands of dollars spent fighting Attorney General Greg Abbott in the case.

It's the latest legal salvo in a bitter court battle ripe with political overtones playing out since 2011 between the figures who have emerged as Texas' top candidates for governor - Davis, a Democrat, and Abbott, a Republican.

In September, a federal court in San Antonio declared Davis a "prevailing" party and instructed her lawyers to file to recoup legal costs. Since then, the redistricting court fight over a state Senate map has centered on a request from Davis' lawyers and the League of United Latin American Citizens for more than $700,000 in total reimbursement.

The 5th Circuit Court of Appeals last week rejected Abbott's initial request to block Davis' legal team from being awarded attorney fees. The case now gets bounced back to the court in San Antonio to decide how much, if anything, the state should pay back the Davis legal team.

Following the 5th Circuit decision, Davis' lawyers highlighted the dismissal of Abbott's appeal in a Monday filing, asking the San Antonio court to get back to considering their request for reimbursement.

"The Davis plaintiffs and LULAC plaintiffs respectfully request that the Court proceed to issue the award of attorneys' fees and expenses as set forth in their papers," according to a Monday filing signed by the Davis and LULAC lawyers.

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In court documents, state lawyers have argued that the fee requests are excessive and Davis' status as a prevailing party does not warrant her lawyers recouping legal costs.

"The Davis plaintiffs are not entitled to recover any attorney's fees or costs," Abbott's legal team said in an October court filing, noting that if the court does award fees they should be "reduced substantially."

In all, Davis' legal team - headed by prominent redistricting lawyer Gerry Hebert - asked for almost $620,000 in fees and expenses, according to court filings. LULAC is looking to recoup about $100,000.

The court fight dates back to 2011, when Davis and LULAC sued Texas's top leaders over state Senate maps the GOP-led Legislature approved that year, arguing the boundaries carved up Davis' district by shifting thousands of black and Hispanic voters into neighboring districts.

State lawyers officially announced plans to back off efforts to tweak Davis' district at a May court hearing in San Antonio. In June, the Legislature approved a state Senate map during a special session that kept Davis' district completely intact - and months later the San Antonio court declared Davis a prevailing party in the case.

Untimely appeal

That doesn't mean the fee fight is over.

In a two-sentence order, the 5th Circuit did not weigh in on the substance of the case. It simply told the state that its appeal is untimely and should come back later - after the San Antonio court rules on the requested attorney fees.

Circuit Judges E. Grady Jolly and Edith Brown Clement said the court lacked jurisdiction and dismissed the appeal. Circuit Judge Edith Jones dissented and "would carry the motion to dismiss with the case," the order said.

If the San Antonio court ends up awarding Davis' lawyers any reimbursement, Abbott can file another appeal with the 5th Circuit at that time.

His office on Monday made clear that it plans to do just that if necessary.

"The state's appeal was dismissed as procedurally untimely. The 5th Circuit expressed no view on the merits of Davis' request for attorneys' fees or the district court's designation of her as a prevailing party," Abbott spokeswoman Lauren Bean said in a statement. "Those issues will be back in front of the 5th Circuit at a later date. Davis has not been awarded any attorney's fees. If she receives such an award in the future, the state will appeal it."